General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rules Share Placement Invalid Due to Illegitimate Purpose
In this case, a company's decision to issue new shares was deemed invalid because it was done with the intention of preventing another major shareholder from taking control. The judge ruled that issuing shares for such an ulterior purpose is not allowed under Australian corporate law.
Claim for Defective Work During Active Contract Dismissed
Court Refuses Indemnity Costs for Claimant's Reasonable Offer Rejection
Claimant's Property Title Restored in NSW Supreme Court
Client Legal Privilege Waived Through Voluntary Disclosure
Cross-claim Not Subject to Claims Resolution Process in NSW Dust Diseases Tribunal
Corporate Insolvency and Winding-Up Procedures Explained
Claimant Granted Judgment for Possession of Land Despite Farm Debt Mediation Act Arguments
Supreme Court Rejects Additional Expert Evidence
The Supreme Court of New South Wales refused to accept new expert evidence after a single expert had already been appointed. This decision was based on the Uniform Civil Procedure Rules.
Will Construction and Superannuation Entitlements in NSW Supreme Court
In this case, the Court decided that superannuation entitlements are not considered 'financial accounts' under the will's clause 3(b). This decision affects how the estate is distributed among the beneficiaries.
Challenging Costs Assessments and Determinations in NSW
Appeal Allowed: Agency Error in Lower Court Decision
Mortgagee Granted Possession of Mortgaged Property in NSW Supreme Court Case
Dismissed: Summary Judgment Application Under Security of Payment Act
In a case involving a dispute over architectural services, the NSW District Court dismissed a summary judgment application because there was a serious conflict between the parties regarding the service of payment claims under the Security of Payment Act. The court found that the issue was not suitable for summary judgment due to conflicting evidence.
Proceedings on Distribution of Proceeds from Reinsurance Agreement
NSW Supreme Court Orders Half Costs Payment in Partially Successful Claim
NSW Supreme Court Declares Binding Agreement and Orders Specific Performance
The NSW Supreme Court ruled that the plaintiff and defendant had entered into a binding agreement for the transportation of export goods. The court declared the agreement valid and ordered the defendant to fulfill the terms of the agreement.
Federal Court Orders Shareholder Meeting on Company Merger
The Federal Court ordered a meeting for an online retailer's shareholders to consider a proposed merger with ARC Energy. This decision allows shareholders to vote on whether to proceed with the arrangement, which involves exchanging shares between the two companies.
Federal Court of Australia rules on trade mark ownership in dispute over retail bags
In this case, the Federal Court of Australia decided on disputes over trade mark ownership between two a person. The court dismissed an appeal and allowed a a person-appeal, emphasising that first use alone does not establish ownership if distinctiveness is lacking. This decision affects claims of passing off based on unestablished marks.